I.Prakash v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE T.MATHIVANAN W.P.No.22643 of 2015 and M.P.No.1 of 2015 1.Prakash

...Petitioner

vs.

1. Union of India, rep.by its Secretary to Government(Law), Government of Poducherry,

2. Under Secretary to Government(Law) Government of Puducherry,

3. P.Sellaperurmal

4. G.Subbulakshmi

5. The Registrar, Central Administrative Tribunal, High Court Campus, Chennai-600 104

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari calling for the concerned records relating to the order dated 21.07.2015 in O.A.No.310/01005/2015 passed by the 5th respondent and to quash the same.

For Petitioner :

Mr.M.Gnanasekar For Respondents :

Mr.Syed Mustafa,G.P.(P)

COMMON ORDER (Order of the Court was made by M.M.SUNDRESH,J.) Pending the original application, the petitioner has filed an application for interim order. The said interim application was disposed of by the Tribunal with an observation that any appointment to the post of Legal Assistant would be subject to the out come of the original application. Challenging the same, the present writ petition has been filed.

2. We do not find any balance of convenience in favour of the petitioner. Certainly, by the said order the interest of the petitioner has been protected. The private parties have also been added as respondents. By granting the interim order, as sought for, the petitioner would not be benefited. As the Tribunal has rightly exercised the discretion, we do not find any error warranting interference.

3. However, considering the facts and circumstances of the case, a direction is issued to the Tribunal to dispose of the Original Application No.310/01005/2015 within a period of four months from the date of receipt of a copy of this order.

4. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msk To

1. Union of India, rep.by its Secretary to Government(Law), Government of Poducherry,

2. Under Secretary to Government(Law) Government of Puducherry,

3. The Registrar, Central Administrative Tribunal, High Court Campus, Chennai-600 104 1 CC to Mr.M.Gnanasekar, Advocate SR.No. 38236 W.P.No.22643 of 2015 and M.P.No.1 of 2015 NM (CO) PSI (27.07.2015)